Exploring the Legal Rights of Victims of Construction Accidents

Construction sites are dynamic and hazardous environments. Heavy machinery, high elevations and various moving parts make accidents a genuine concern.

Injuries in construction statistics reveal alarming trends. Construction workers face a disproportionate risk of injury compared to most industries. Construction fall statistics, for instance, show falls as one of the leading causes of fatalities. Victims of construction accidents and their families often find themselves navigating complex legal pathways. Therefore, understanding your legal rights is essential.

This blog discusses the following:

• How Often Do Accidents Occur in Construction?

• How to Make an Accident Report in Construction

• Seeking Expert Assistance After an Accident

• Options Available to Grieving Families

Keep reading to learn how to protect your rights and take the first step toward recovery.

How Often Do Accidents Occur in Construction?

Construction sites rank among the most dangerous workplaces. Reports from the Centers for Disease Control and Prevention (CDC) reveal that one in five workplace deaths occurs in construction. Common accidents include falls, being struck by objects, electrocutions and equipment malfunctions. Struck-by accidents are a significant contributor to injuries. Common causes of being struck by accidents involve loose materials, falling tools and vehicle-related incidents. Knowing these statistics helps victims and their families grasp the severity of the risks involved.

How to Make an Accident Report in Construction

Creating an accurate accident report is essential for victims of construction accidents. It serves as official documentation for claims and legal processes. Follow these steps to ensure your report is thorough and effective:

Notify Your Employer Immediately

Inform your supervisor or employer about the accident as soon as it happens. Quick reporting ensures compliance with workplace policies and legal requirements.

Gather Essential Details

Document key information about the accident, including:

• Date and time of the incident

• The exact location on the site

• Description of how the accident occurred

• Injuries sustained

• Equipment or tools involved

Take Photos and Videos

Capture clear images or videos of the accident scene. Include any hazardous conditions, damaged equipment or visible injuries. This visual evidence strengthens your case.

Collect Witness Statements

Speak with coworkers or others who witnessed the accident. Obtain their names and contact information. If possible, ask them to write a brief statement describing what they saw.

Complete the Employer's Accident Report Form

Most construction companies have a standard form for reporting accidents. Fill it out carefully and include all the details you've collected. Make sure to request a copy for your records.

Request Medical Records

If you sought medical attention, ask for documentation of your injuries and treatment. Attach these records to your accident report.

File the Report with OSHA (if required)

Employers must file a report with OSHA for severe injuries or fatalities. Confirm this step has been completed, especially if your case involves serious harm.

Keep a Copy of Everything

Retain copies of all reports, photos, medical records and witness statements. These will be essential if you file a workers' compensation claim or lawsuit.

Following these steps ensures that your accident is documented accurately and comprehensively. If needed, an experienced construction accident lawyer can assist with this process.

Seeking Expert Assistance After an Accident

Legal processes can be daunting. Hiring a qualified lawyer can make a significant difference in the outcome of your case. A construction accident lawyer specializes in navigating the complex laws surrounding construction injuries. With construction fall statistics showing falls as a leading cause of workplace fatalities, these lawyers understand the specific risks involved. They investigate the incident, identify liable parties and negotiate with insurance companies.

Selecting the right lawyer requires research. Look for attorneys with experience handling construction accident cases. Reviews, testimonials and case outcomes can provide valuable insight. Then, schedule consultations to assess their expertise and approach. Many lawyers offer free initial consultations, which can help victims and families decide if they are a good fit.

Options Available to Grieving Families

When a loved one tragically loses their life in a construction accident, families face emotional and financial hardships. With injuries in construction statistics revealing the high risks workers face daily, understanding the available legal options can help ease the burden. Here are the key avenues grieving families can explore:

Filing a Wrongful Death Lawsuit

A wrongful death lawsuit allows families to seek compensation from negligent parties responsible for the accident. Eligible family members can recover damages for:

• Funeral and burial expenses

• Medical bills related to the accident

• Loss of financial support

• Loss of companionship and emotional distress

South Carolina has specific rules governing who can file a wrongful death claim and within what timeframe. Consulting a construction accident lawyer ensures compliance with these regulations.

Pursuing Workers' Compensation Death Benefits

Workers' compensation laws require employers to provide death benefits to dependents of deceased workers. These benefits include:

• A portion of the deceased's wages, typically paid weekly

• Coverage for funeral and burial costs

Surviving spouses, minor children and other dependents often qualify for these benefits. To avoid losing access to these funds, it's essential to file a claim within the designated timeframe.

Exploring Third-Party Liability Claims

In some cases, third parties may bear responsibility for the accident. For example:

• A subcontractor's negligence

• Faulty equipment manufactured by a third party

• Unsafe site conditions created by an external company

Filing a third-party claim can provide additional compensation beyond what workers' compensation covers. These claims often require proving negligence, which makes legal representation crucial.

Seeking Emotional Support and Counseling

Losing a loved one in a construction accident is devastating. Families can seek support through:

• Grief counseling services

• Support groups for families of accident victims

• Community and faith-based resources

These resources help families cope with their loss while navigating the legal process.

Consulting with a Construction Accident Lawyer

A lawyer experienced in construction accident cases can guide grieving families through the legal system. They assist in:

• Determining eligibility for compensation

• Identifying liable parties

• Filing claims or lawsuits

• Negotiating with insurance companies

Legal complexities can be overwhelming during such a difficult time. A skilled lawyer can advocate for your family's best interests, especially in cases involving hazards like the common cause of being struck by accidents, and help you secure the justice and compensation you deserve.

Secure Your Rights: Schedule a Consultation with Littlejohn Law

Construction accidents create challenges that victims and their families cannot face alone. Littlejohn Law provides the expertise needed to navigate the complexities of injury law. With a focus on workers' compensation claims and personal injury cases, we ensure clients receive fair treatment.

Our team understands the difficulties caused by accidents. We handle every legal detail, from filing claims to negotiating with insurers. If negligence caused your suffering, we will fight for accountability and justice.

Littlejohn Law offers experienced legal support to help you move forward. Contact us now and start your path to recovery.